The case involves a contractual dispute between FC Dinamo Minsk, a Belarusian football club, and Christian Udubuesi Obodo, a Nigerian football player, concerning the termination of the player's employment contract. The contract, signed on 11 February 2013, was valid until 31 July 2014 and outlined the player's responsibilities, including participation in training and matches, as well as the club's obligations to provide medical support and timely payments. The player suffered from physical issues, including a stress fracture (athletic pubalgia), and sought medical treatment and rehabilitation without the club's explicit consent. The club did not demand his return or issue warnings about breaching the contract, instead only inquiring about his rehabilitation progress. Later, the club terminated the contract, claiming the player's absence constituted a breach.
The Court of Arbitration for Sport (CAS) ruled in favor of the player, applying the principle of venire contra factum proprium, which prevents a party from contradicting its own prior actions. The club's passive behavior created legitimate expectations that the player's absence was tacitly approved. The CAS emphasized that for a valid termination, the club should have warned the player, giving him an opportunity to comply with contractual obligations. The player had the right to seek independent medical opinions to protect his health, especially when the club's prescribed treatment proved ineffective. The tribunal also noted that illness or injury preventing a player from working does not constitute a breach or justify termination.
The club alleged misconduct by the player, including unauthorized leave, uncooperative behavior, and violations of "rules of morality," such as being detained with individuals possessing marijuana and public images of him drinking alcohol. However, the CAS found these claims unsupported by sufficient evidence. A drug test yielded negative results, and the arbitrator dismissed the allegations as not breaching contractual obligations. The club's termination was deemed unjust, unfair, and abusive, particularly since it had already breached the contract by withholding the player's salaries for five months.
The CAS upheld the FIFA Dispute Resolution Chamber's decision, ordering the club to pay the player €100,000 in outstanding salaries with 5% annual interest and €170,000 in compensation for breach of contract. The club's request to deduct €4,446.83 from the compensation was denied due to insufficient evidence proving the payments were received by the player. The ruling reinforced the importance of contractual obligations, player welfare, and the need for just cause in termination. The case highlights the complexities of employment disputes in professional sports, particularly regarding injury management, contractual compliance, and the enforcement of financial and health-related obligations. The decision underscores the player's rights to fair treatment and proper medical care, while holding the club accountable for its failures.